Trump’s new legal team filed its pre-trial brief on Tuesday in response to the House's Article of Impeachment and ahead of the former president’s trial next week in the U.S. Senate.
In the brief, Trump's attorneys called on the Senate to acquit Trump because they believe the article is in “violation” of the constitution, adding that the former president denies allegations that he helped incite an insurrection, and that he made false statements with regards to election fraud.
The brief states:
"It is denied that the 45th President of the United States ever engaged in a violation of his oath of office. To the contrary, at all times, Donald J. Trump fully and faithfully executed his duties as President of the United States, and at all times acted to the best of his ability to preserve, protect and defend the Constitution of the United States, while never engaging in any high Crimes or Misdemeanors."
In regards to the constitutionality of the trial, the brief reads:
"Donald John Trump, 45th President of the United States respectfully requests the Honorable Members of the Senate of the United States dismiss Article I: Incitement of Insurrection against him as moot, and thus in violation of the Constitution, because the Senate lacks jurisdiction to remove from office a man who does not hold office. In the alternative, the 45th President respectfully requests the Senate acquit him on the merits of the allegations raised in the article of impeachment."
45th President's Answer... by Fox News
The brief also addresses the House allegation that the former president “reiterated false claims that 'we won this election, and we won it by a landslide'” during his Jan. 6 rally just before the Capitol riots.
“To the extent Averment 5 alleges his opinion is factually in error, the 45th President denies this allegation... Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President’s statements were accurate or not, and he therefore denies they were false," the brief states.
On Tuesday, House impeachment managers filed their pre-trial brief in which they claimed the opposite:
"In a grievous betrayal of his Oath of Office, President Trump incited a violent mob to attack the United States Capitol during the Joint Session, thus impeding Congress’s confirmation of Joseph R. Biden, Jr. as the winner of the presidential election...As it stormed the Capitol, the mob yelled out 'President Trump Sent Us,' 'Hang Mike Pence,' and 'Traitor Traitor Traitor.'"
The House brief also addressed Trump's ability to run for office in the future, stating, "This is not a case where elections alone are a sufficient safeguard against future abuse.
"[I]t is the electoral process itself that President Trump attacked and that must be protected from him and anyone else who would seek to mimic his behavior," House Democrats stated.
Trump’s legal team’s brief pushed back on these claims, stating:
"It is denied that the phrase 'if you don’t fight like hell you’re not going to have a country anymore' had anything to do with the action at the Capitol as it was clearly about the need to fight for election security in general, as evidenced by the recording of the speech. It is denied that President Trump intended to interfere with the counting of Electoral votes...The purpose of the Joint Sessions of Congress in 2017 and on January 6, 2021 was for Members of Congress to fulfill their duty to be certain the Electoral College votes were properly submitted, and any challenges thereto properly addressed under Congressional rules. Congress’ duty, therefore, was not just to certify the presidential election. Its duty was to first determine whether certification of the presidential election vote was warranted and permissible under its rules.”
Trump’s first legal team quit recently allegedly due to the fact that the former president wanted to make election fraud a central part of his defense. Trump’s new team, consisting of Bruce Castor and David Schoen, are no strangers to controversial cases. Schoen was previously in line to become Jeffrey Epstein's defense attorney days before the disgraced businessman’s death and Castor caught media attention after neglecting to file charges against Bill Cosby in 2005.
Trump’s impeachment trial is set to begin Tuesday, February 9.
(Cover Photo: Gage Skidmore)